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The Evanston Opinion, What's New, If Anything?

As the Federal Trade Commission prepared to issue its Opinion in the Evanston/Highland Park hospital merger case, several questions were circulating among antitrust practitioners who followed the case closely: Would the Commission uphold the Administrative Law Judge’s finding that the merger violated Section 7 of the Clayton Act? If so, would the Commission order divestiture of the acquired hospital, given that the merger had been consummated for over seven years? And in the process, would the Commission clarify the ALJ’s analysis and provide further refinement of the antitrust analysis of hospital mergers, as was envisioned by former FTC Chairman Timothy J. Muris when he initiated the retrospective review of consummated hospital mergers back in 2002?